Preview
APP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 125620 FOR COURT USE ONLY
NAME: MATTHEW S. KENNEDY
FIRM NAME: Matthew S. Kennedy, A Professional Law Corporation
STREET ADDRESS: Post Office Box 1031
CITY: San Luis Obispo STATE: CA ZIP CODE: 00009-3401
TELEPHONE NO.: (805) 544-5002 FAX NO.:
EMAIL ADDRESS: msk@KennedyLawRealty.com
ATTORNEY FOR (name): Respondent Mechanics Bank, successor by merger to Rabobank, N.A.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
STREET ADDRESS: 240 Church Street
MAILING ADDRESS: 240 Church Street
CITY AND ZIP CODE: Salinas, CA 93901
BRANCH NAME: Salinas Courthouse - APPELLATE
PLAINTIFF/PETITIONER: Robert T. Elliott
DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A.
OTHER PARENT/PARTY:
RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— SUPERIOR COURT CASE NUMBER:
UNLIMITED CIVIL CASE 21 CV 003944
COURT OF APPEAL CASE NUMBER (if known):
Re: Appeal filed on (date): November 2, 2023 H051631
Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before
completing this form. This form must be filed in the superior court, not in the Court of Appeal.
1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT
The appellant has chosen to use a clerk's transcript under Cal. Rules of Court, rule 8.122. (You must check a or b):
a. ê I agree to a clerk's transcript. (If you want any documents from the superior court proceedings in addition to the
documents designated by the appellant to be included in the clerk's transcript, you must identify those documents in
item 2.)
b. If the appellant has not been granted a waiver of the fee for a clerk's transcript, I choose an appendix as the record of
documents under Cal. Rules of Court, rule 8.124 instead of a clerk's transcript. (If the appellant has been granted a
waiver of the fee for a clerk's transcript, you may not choose an appendix; a clerk's transcript will be used. If a clerk's
transcript is used and you want any documents from the superior court proceedings in addition to the documents
designated by the appellant to be included in the clerk's transcript, you must identify those documents in item 2.)
2. CLERK'S TRANSCRIPT
The parties will use a clerk's transcript under Cal. Rules of Court, rule 8.122.
a. ê Additional documents. In addition to the documents designated by the appellant, I request that the clerk include in the
transcript the following documents from the superior court proceedings. (You must identify each document you want
included by its title and provide the date it was filed or, if that is not available, the date the document was signed.)
Document Title and Description Date of Filing
(1) Complaint re Contract by Plaintiff Robert T. Elliott 12-20-2021
(2) Answer to Complaint of Defendant Mechanics Bank, successor by merger to Rabobank, N.A. 05-09-2022
(General Denial w/Affirmative Defenses)
(3) Defendant Mechanics Bank's REPLY to Plaintiff Elliott's Opposition to Defendant's Motion for 07-14-2023
Summary Judgment; Declaration of Matthew S. Kennedy, Exhibit Addendum
(4) Minute Order 10-03-2023
(5) Order Granting Defendant Mechanics Bank's Motion for Summary Judgment 10-13-2023
(6)
(7)
See additional pages. (Check here if you need more space to list additional documents. List these documents on a
separate page or pages labeled "Attachment 2(a)," and start with number (8).)
Page 1 of 3
Form Approved for Optional Use
Judicial Council of California
RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Cal. Rules of Court, rules 3.50,
8.121–8.124, 8.128, 8.130, 8.134, 8.137
APP-010 [Rev. January 1, 2024] UNLIMITED CIVIL CASE www.courts.ca.gov
APP-010
CASE NAME: ELLIOTT v. MECHANICS BANK SUPERIOR COURT CASE NUMBER:
21 CV 003944
2. b. Additional exhibits. In addition to the exhibits designated by the appellant, I request that the clerk include in the
transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit,
give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or
not the court admitted the exhibit into evidence. If the superior court has returned a designated exhibit to a party, the party
in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating
the record. (Cal. Rules of Court, rule 8.122(a)(3).))
Exhibit Number Description Admitted (Yes/No)
(1)
(2)
(3)
(4)
See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate
page or pages labeled "Attachment 2b," and start with number (5).)
c. ê Copy of clerk's transcript. I request a copy of the clerk's transcript. (Check (1) or (2).)
(1) ê I will pay the superior court clerk for this transcript when I receive the clerk's estimate of the costs of this transcript.
I understand that if I do not pay for this transcript, I will not receive a copy.
(2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have
submitted the following document with this notice designating the record (check (a) or (b)):
(a) An order granting a waiver of court fees and costs under Cal. Rules of Court, rules 3.50–3.58; or
(b) An application for a waiver of court fees and costs under Cal. Rules of Court, rules 3.50–3.58. (Use Request to
Waive Court Fees (form FW-001) to prepare and file this application.)
3. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT
The appellant has chosen to use a reporter's transcript under Cal. Rules of Court, rule 8.130.
a. Designation of additional proceedings. (If you want any oral proceedings in addition to the proceedings designated by
the appellant to be included in the reporter's transcript, you must identify those proceedings here.)
(1) In addition to the proceedings designated by the appellant, I request that the following proceedings in the superior court be
included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in
which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking
of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and
whether a certified transcript of the designated proceeding was previously prepared.)
APP-010 [Rev. January 1, 2024] RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Page 2 of 3
UNLIMITED CIVIL CASE
APP-010
CASE NAME: ELLIOTT v. MECHANICS BANK SUPERIOR COURT CASE NUMBER:
21 CV 003944
3. a. (1) (continued)
Date Department Full/Partial Day Description Reporter's Name Prev. prepared?
(a) 10-03-2023 14 L&M Hearing Transcript of Proceedings Jenna Osborn #8681 ê Yes No
(b) NOTE: Appellant misstated date of hearing as Oct 2, 2023 Yes No
(c) Yes No
(d) Yes No
(e) Yes No
(f) Yes No
(g) Yes No
See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a
separate page or pages labeled "Attachment 3a(1)," and start with letter (h).)
(2) Deposit for additional proceedings.
I have (check a, b, c, or d):
(a) Deposited with the superior court clerk the approximate cost of preparing the additional proceedings by including
the deposit with this notice as provided in Cal. Rules of Court, rule 8.130(b)(1).
(b) Attached a copy of a Transcript Reimbursement Fund application filed under Cal. Rules of Court, rule 8.130(c)(1)
(c) Attached the reporter’s written waiver of a deposit under Cal. Rules of Court, rule 8.130(b)(3)(A) for
(check either (i) or (ii)):
(i) All of the designated proceedings.
(ii) Part of the designated proceedings.
(d) Attached a certified transcript under Cal. Rules of Court, rule 8.130(b)(3)(C).
b. Copy of reporter's transcript.
(1) ê I request a copy of the reporter's transcript.
(2) ê I request that the reporters provide (check (a), (b), or (c)) :
(a) ê My copy of the reporter's transcript in electronic format.
(b) My copy of the reporter's transcript in paper format.
(c) My copy of the reporter's transcript in electronic format and a second copy of the reporter's transcript in paper
format.
Digitally signed by
(Code Civ. Proc., § 271.) Matthew Scott Kennedy,
Esq.
Date: January 2, 2023 Date: 2024.01.02 23:40:37
-08'00'
MATTHEW S. KENNEDY /s/ Matthew S. Kennedy, Esq.
(TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT OR ATTORNEY)
APP-010 [Rev. January 1, 2024] RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Page 3 of 3
UNLIMITED CIVIL CASE
1 PROOF OF SERVICE
2 Elliott v. Mechanics Bank, etc., et al.
MCSC Case No. 21 CV 003944
3 COA 6th Dist. Case No. H051631
4 STATE OF CALIFORNIA, COUNTY OF MONTEREY
5 I am employed in the County of San Luis Obispo, State of California. I am over the age
of 18 and not a party to the within action; my business address is Post Office Box 1031, San Luis
6 Obispo, California 93406-1031.My electronic service address is msk@KennedyLawRealty.com.
7 On January 2, 2024, I served the foregoing document described as “Respondent's Notice
Designating Record On Appeal – Unlimited Civil Case” on the interested parties in this action
8 addressed as follows:
9 Nina M. Patane Attorneys for Plaintiff Robert T. Elliott
Andrea C. Avila
10 Patane Gumberg Avila, LLP
4 Rossi Circle, Ste 231
11 Salinas, CA 93907
Tel: 831.755.1461
12 Email: npatane@pglawfirm.com
aavila@pglawfirm.com
13
14 The following is the procedure in which service of this document was effected:
15 BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
16 Service on that same day with postage thereon fully prepaid at San Luis Obispo,
California, in the ordinary course of business. I am aware that on motion of the party
17 served, service is presumed invalid if postal cancellation date or postage meter date is more
than one day after date of deposit for mailing in affidavit.
18
BY E-MAIL: Pursuant to Code of Civil Procedure section 1010.6 and California
19 Rules of Court, rule 2.251, I caused this document to be transmitted via e-mail to the
e-mail address(es) listed for the addressee(s). No electronic message or other indication
20 that the transmission was unsuccessful was received within a reasonable time after the
transmission.
21
22 Executed on January 2, 2024, at Dresden, Germany.
23 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct. Digitally signed by Matthew
24 Scott Kennedy, Esq.
Date: 2024.01.02 23:40:56 -08'00'
25 By: Matthew S. Kennedy /s/ Matthew S. Kennedy
26 [Signed per C.R.C. 2.257 and Civ. Code§ 1633.7(d).]
27
28
Respondent's Notice Designating Record On Appeal – Unlimited Civil Case
Preview
APP-010 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: 125620 FOR COURT USE ONLY NAME: MATTHEW S. KENNEDY FIRM NAME: Matthew S. Kennedy, A Professional Law Corporation STREET ADDRESS: Post Office Box 1031 CITY: San Luis Obispo STATE: CA ZIP CODE: 00009-3401 TELEPHONE NO.: (805) 544-5002 FAX NO.: EMAIL ADDRESS: msk@KennedyLawRealty.com ATTORNEY FOR (name): Respondent Mechanics Bank, successor by merger to Rabobank, N.A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY STREET ADDRESS: 240 Church Street MAILING ADDRESS: 240 Church Street CITY AND ZIP CODE: Salinas, CA 93901 BRANCH NAME: Salinas Courthouse - APPELLATE PLAINTIFF/PETITIONER: Robert T. Elliott DEFENDANT/RESPONDENT: Mechanics Bank, successor by merger to Rabobank, N.A. OTHER PARENT/PARTY: RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— SUPERIOR COURT CASE NUMBER: UNLIMITED CIVIL CASE 21 CV 003944 COURT OF APPEAL CASE NUMBER (if known): Re: Appeal filed on (date): November 2, 2023 H051631 Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (form APP-001-INFO) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. 1. RECORD OF THE DOCUMENTS FILED IN THE SUPERIOR COURT The appellant has chosen to use a clerk's transcript under Cal. Rules of Court, rule 8.122. (You must check a or b): a. ê I agree to a clerk's transcript. (If you want any documents from the superior court proceedings in addition to the documents designated by the appellant to be included in the clerk's transcript, you must identify those documents in item 2.) b. If the appellant has not been granted a waiver of the fee for a clerk's transcript, I choose an appendix as the record of documents under Cal. Rules of Court, rule 8.124 instead of a clerk's transcript. (If the appellant has been granted a waiver of the fee for a clerk's transcript, you may not choose an appendix; a clerk's transcript will be used. If a clerk's transcript is used and you want any documents from the superior court proceedings in addition to the documents designated by the appellant to be included in the clerk's transcript, you must identify those documents in item 2.) 2. CLERK'S TRANSCRIPT The parties will use a clerk's transcript under Cal. Rules of Court, rule 8.122. a. ê Additional documents. In addition to the documents designated by the appellant, I request that the clerk include in the transcript the following documents from the superior court proceedings. (You must identify each document you want included by its title and provide the date it was filed or, if that is not available, the date the document was signed.) Document Title and Description Date of Filing (1) Complaint re Contract by Plaintiff Robert T. Elliott 12-20-2021 (2) Answer to Complaint of Defendant Mechanics Bank, successor by merger to Rabobank, N.A. 05-09-2022 (General Denial w/Affirmative Defenses) (3) Defendant Mechanics Bank's REPLY to Plaintiff Elliott's Opposition to Defendant's Motion for 07-14-2023 Summary Judgment; Declaration of Matthew S. Kennedy, Exhibit Addendum (4) Minute Order 10-03-2023 (5) Order Granting Defendant Mechanics Bank's Motion for Summary Judgment 10-13-2023 (6) (7) See additional pages. (Check here if you need more space to list additional documents. List these documents on a separate page or pages labeled "Attachment 2(a)," and start with number (8).) Page 1 of 3 Form Approved for Optional Use Judicial Council of California RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Cal. Rules of Court, rules 3.50, 8.121–8.124, 8.128, 8.130, 8.134, 8.137 APP-010 [Rev. January 1, 2024] UNLIMITED CIVIL CASE www.courts.ca.gov APP-010 CASE NAME: ELLIOTT v. MECHANICS BANK SUPERIOR COURT CASE NUMBER: 21 CV 003944 2. b. Additional exhibits. In addition to the exhibits designated by the appellant, I request that the clerk include in the transcript the following exhibits that were admitted in evidence, refused, or lodged in the superior court. (For each exhibit, give the exhibit number, such as Plaintiff's #1 or Defendant's A, and a brief description of the exhibit. Indicate whether or not the court admitted the exhibit into evidence. If the superior court has returned a designated exhibit to a party, the party in possession of the exhibit must deliver it to the superior court clerk within 10 days after service of this notice designating the record. (Cal. Rules of Court, rule 8.122(a)(3).)) Exhibit Number Description Admitted (Yes/No) (1) (2) (3) (4) See additional pages. (Check here if you need more space to list additional exhibits. List these exhibits on a separate page or pages labeled "Attachment 2b," and start with number (5).) c. ê Copy of clerk's transcript. I request a copy of the clerk's transcript. (Check (1) or (2).) (1) ê I will pay the superior court clerk for this transcript when I receive the clerk's estimate of the costs of this transcript. I understand that if I do not pay for this transcript, I will not receive a copy. (2) I request that the clerk's transcript be provided to me at no cost because I cannot afford to pay this cost. I have submitted the following document with this notice designating the record (check (a) or (b)): (a) An order granting a waiver of court fees and costs under Cal. Rules of Court, rules 3.50–3.58; or (b) An application for a waiver of court fees and costs under Cal. Rules of Court, rules 3.50–3.58. (Use Request to Waive Court Fees (form FW-001) to prepare and file this application.) 3. RECORD OF ORAL PROCEEDINGS IN THE SUPERIOR COURT The appellant has chosen to use a reporter's transcript under Cal. Rules of Court, rule 8.130. a. Designation of additional proceedings. (If you want any oral proceedings in addition to the proceedings designated by the appellant to be included in the reporter's transcript, you must identify those proceedings here.) (1) In addition to the proceedings designated by the appellant, I request that the following proceedings in the superior court be included in the reporter's transcript. (You must identify each proceeding you want included by its date, the department in which it took place, a description of the proceedings (for example, the examination of jurors, motions before trial, the taking of testimony, or the giving of jury instructions), the name of the court reporter who recorded the proceedings (if known), and whether a certified transcript of the designated proceeding was previously prepared.) APP-010 [Rev. January 1, 2024] RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Page 2 of 3 UNLIMITED CIVIL CASE APP-010 CASE NAME: ELLIOTT v. MECHANICS BANK SUPERIOR COURT CASE NUMBER: 21 CV 003944 3. a. (1) (continued) Date Department Full/Partial Day Description Reporter's Name Prev. prepared? (a) 10-03-2023 14 L&M Hearing Transcript of Proceedings Jenna Osborn #8681 ê Yes No (b) NOTE: Appellant misstated date of hearing as Oct 2, 2023 Yes No (c) Yes No (d) Yes No (e) Yes No (f) Yes No (g) Yes No See additional pages. (Check here if you need more space to list additional proceedings. List these proceedings on a separate page or pages labeled "Attachment 3a(1)," and start with letter (h).) (2) Deposit for additional proceedings. I have (check a, b, c, or d): (a) Deposited with the superior court clerk the approximate cost of preparing the additional proceedings by including the deposit with this notice as provided in Cal. Rules of Court, rule 8.130(b)(1). (b) Attached a copy of a Transcript Reimbursement Fund application filed under Cal. Rules of Court, rule 8.130(c)(1) (c) Attached the reporter’s written waiver of a deposit under Cal. Rules of Court, rule 8.130(b)(3)(A) for (check either (i) or (ii)): (i) All of the designated proceedings. (ii) Part of the designated proceedings. (d) Attached a certified transcript under Cal. Rules of Court, rule 8.130(b)(3)(C). b. Copy of reporter's transcript. (1) ê I request a copy of the reporter's transcript. (2) ê I request that the reporters provide (check (a), (b), or (c)) : (a) ê My copy of the reporter's transcript in electronic format. (b) My copy of the reporter's transcript in paper format. (c) My copy of the reporter's transcript in electronic format and a second copy of the reporter's transcript in paper format. Digitally signed by (Code Civ. Proc., § 271.) Matthew Scott Kennedy, Esq. Date: January 2, 2023 Date: 2024.01.02 23:40:37 -08'00' MATTHEW S. KENNEDY /s/ Matthew S. Kennedy, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF RESPONDENT OR ATTORNEY) APP-010 [Rev. January 1, 2024] RESPONDENT'S NOTICE DESIGNATING RECORD ON APPEAL— Page 3 of 3 UNLIMITED CIVIL CASE 1 PROOF OF SERVICE 2 Elliott v. Mechanics Bank, etc., et al. MCSC Case No. 21 CV 003944 3 COA 6th Dist. Case No. H051631 4 STATE OF CALIFORNIA, COUNTY OF MONTEREY 5 I am employed in the County of San Luis Obispo, State of California. I am over the age of 18 and not a party to the within action; my business address is Post Office Box 1031, San Luis 6 Obispo, California 93406-1031.My electronic service address is msk@KennedyLawRealty.com. 7 On January 2, 2024, I served the foregoing document described as “Respondent's Notice Designating Record On Appeal – Unlimited Civil Case” on the interested parties in this action 8 addressed as follows: 9 Nina M. Patane Attorneys for Plaintiff Robert T. Elliott Andrea C. Avila 10 Patane Gumberg Avila, LLP 4 Rossi Circle, Ste 231 11 Salinas, CA 93907 Tel: 831.755.1461 12 Email: npatane@pglawfirm.com aavila@pglawfirm.com 13 14 The following is the procedure in which service of this document was effected: 15 BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal 16 Service on that same day with postage thereon fully prepaid at San Luis Obispo, California, in the ordinary course of business. I am aware that on motion of the party 17 served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 18 BY E-MAIL: Pursuant to Code of Civil Procedure section 1010.6 and California 19 Rules of Court, rule 2.251, I caused this document to be transmitted via e-mail to the e-mail address(es) listed for the addressee(s). No electronic message or other indication 20 that the transmission was unsuccessful was received within a reasonable time after the transmission. 21 22 Executed on January 2, 2024, at Dresden, Germany. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Digitally signed by Matthew 24 Scott Kennedy, Esq. Date: 2024.01.02 23:40:56 -08'00' 25 By: Matthew S. Kennedy /s/ Matthew S. Kennedy 26 [Signed per C.R.C. 2.257 and Civ. Code§ 1633.7(d).] 27 28 Respondent's Notice Designating Record On Appeal – Unlimited Civil Case